We were married 18 years 11 months and 23 days. He did not work for the last year and 7 months. He had an accident in December of 2013 and I had to quit my job to take care of him. So I was still married to him the first 7 month or so of his workmans comp claim. Am I entitled to any of this settlement? He is not currently paying child support or alimony. But I am in the process of requesting both.
Were you aware of the pending worker compensation case prior to the divorce being granted? Was it disclosed in your ex spouse's financial disclosure statement? Was it dealt with in any way in your final divorce decree? If it was not disclosed, whether intentionally or by neglect, if it is more than $500 in value, you can claim a constructive trust over the money and for your children, pursuant to Wisconsin statutory law; also keep in mind that generally personal injury money, under Wisconsin law is not exempt property like gifts or inheritances, but the case law indicates that the principal award should go to the person who was injured, and the non injured spouse can only claim the portion of the settlement related to payment of uninsured medical expenses or that portion of the claim that relates to lost wages. Under Wisconsin DCF guidelines, disability compensation is "gross income" and can be used for support purposes.
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